Opinion
No. 20140321.
03-19-2015
Gene Carl KIRKPATRICK, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
Monty G. Mertz, Fargo Public Defender Office, Fargo, N.D., for petitioner and appellant. Birch P. Burdick, State's Attorney, Fargo, N.D., for respondent and appellee.
Monty G. Mertz, Fargo Public Defender Office, Fargo, N.D., for petitioner and appellant.
Birch P. Burdick, State's Attorney, Fargo, N.D., for respondent and appellee.
Opinion
PER CURIAM.
[¶ 1] Gene Kirkpatrick appealed from a district court judgment denying his amended petition for postconviction relief. In 2011, Kirkpatrick was convicted by a jury of conspiracy to commit murder and conspiracy to commit burglary, and his conviction was affirmed on appeal. State v. Kirkpatrick, 2012 ND 229, 822 N.W.2d 851. In 2014, he petitioned for postconviction relief, and the district court denied his amended petition after an evidentiary hearing. Kirkpatrick appealed, arguing the district court erred in denying postconviction relief because his trial attorney's conduct fell below an objective standard of reasonableness and he was prejudiced by his trial attorney's recommendation to not testify at trial. We summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶ 2] GERALD W. VANDE WALLE, C.J., CAROL RONNING KAPSNER, DALE V. SANDSTROM, DANIEL J. CROTHERS, and LISA FAIR McEVERS, JJ., concur.